Walker v. Commissioner of Social Security

Filing 16

Order and Judgment Entry: The Court has reviewed the analysis in the R&R and concludes that it is correct in both of its conclusions. Accordingly, and in view of the fact that no objections have been filed, the Commissioner's decision is reversed and this case is remanded pursuant to sentence four of 42 U.S.C. Section 405(g) for proceedings consistent with the R&R. Case closed. (Related Doc # 14 ). Judge Sara Lioi on 12/28/2015. (P,J)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

GRETCHEN L. WALKER,

PLAINTIFF,
vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
DEFENDANT.

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CASE NO. 1:15-cv-1234

JUDGE SARA LIOI

ORDER AND JUDGMENT
ENTRY

On December 11, 2015, the assigned magistrate judge recommended that the
Commissioner’s decision denying plaintiff’s applications for Period of Disability, Disability
Insurance Benefits, and Supplemental Security Income be reversed and remanded for further
proceedings. Although rejecting plaintiff’s challenge to the analysis by the Administrative Law
Judge (“ALJ”) relating to Listings 1.04 and 11.14,1 the magistrate judge agreed with plaintiff that
judicial review was frustrated by the ALJ’s failure to analyze the evidence and to conduct an
appropriate evaluation of the impact, if any, of plaintiff’s fibromyalgia on her residual functional
capacity (“RFC”). (Doc. No. 14, Report & Recommendation [“R&R”] at 790-92.)2
On December 23, 2015, the Commissioner advised the Court that she will be
filing no objections to the R&R. (Doc. No. 15, Defendant’s Response.)

1

Plaintiff has filed no objections with respect to the Report and Recommendation, including with respect to this
conclusion.
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All page number references are to the page identification number generated by the Court’s electronic docketing
system.

The Court has reviewed the analysis in the R&R and concludes that it is correct in
both of its conclusions. Accordingly, and in view of the fact that no objections have been filed,
the Commissioner’s decision is REVERSED and this case is REMANDED pursuant to
sentence four of 42 U.S.C. § 405(g)3 for proceedings consistent with the R&R.
Case closed.

IT IS SO ORDERED.

Dated: December 28, 2015
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE

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42 U.S.C. § 405(g), sentence four, provides: “The court shall have power to enter, upon the pleadings and
transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social
Security, with or without remanding the cause for a rehearing.”

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